Legal Opinion
Whalen v. Western Assur. Co. of Toronto
Court of Appeals for the Second Circuit
Decided February 14, 1911No. 162PublishedCited by 8 opinions
Appeal from the District Court of the United States for the Eastern Distiict of New York. Suit in admiralty by Andrew Whalen and Orsen W. Sheldon against the Western Assurance Company of Toronto. Decree for libelants, and defendant appeals.
1Opinion of the Court
LACOMBE, Circuit Judge.
The sole defense relied upon here is based on the following clause of the policy:
“And in ease of any loss or misfortune it shall be lawful and necessary to and for the assured, his or their agents, factors, servants and assigns, to give to the assurers prompt notice of the disaster, and a failure to do so will render the assurers free from any liability for loss or damage under this policy.”
The facts relevant to this defense are as follows: Whalen, the owner of the boat, lived at Whitehall. At the close of the season of 1907, about the middle of November, he laid her up…
2Cases cited9 opinions
- Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
- Knickerbocker Life Insurance v. PendletonSupreme Court of the United States · 1884
- Solomon v. . Continental Fire Ins. Co.New York Court of Appeals · 1899
- Cox v. Central Vermont RailroadMassachusetts Supreme Judicial Court · 1898
- Bennett v. Lycoming County Mutual InsuranceNew York Court of Appeals · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hoffman v. Employer's Liability Assurance Corp.Oregon Supreme Court · 1934
- Southern Surety Co. v. MacMillan Co.Court of Appeals for the Tenth Circuit · 1932
- American Surety Co. of New York v. Bankers' Savings & Loan Ass'n of OmahaCourt of Appeals for the Eighth Circuit · 1933
- St. Louis Architectural Iron Co. v. New Amsterdam Casualty Co.Court of Appeals for the Eighth Circuit · 1930
- Standiford v. American Insurance CompanyCourt of Appeals of Kentucky (pre-1976) · 1925
3 more not listed; retrieve them via the Exa API.